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(영문) 서울중앙지방법원 2014.06.25 2014고정2128
학교보건법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant in violation of the School Health Act is a person who has a place of massage with the trade name of "Cancesturel" on the second floor of the building in Gwanak-gu in Seoul Special Metropolitan City, and no person shall conduct acts and facilities which are likely to cause sexual acts or similaritys falling under the business notified by the Minister of Gender Equality and Family in school environmental sanitation and cleanup zone.

Nevertheless, on March 21, 2014, the Defendant, at the same time in the school environmental sanitation and cleanup zone, provided five sealed rooms with a total of 5 facilities, such as bed and bedclothes, and operated a marina business against many unspecified customers.

2. The owner or employee of a business establishment banned from allowing access by or employing juveniles violating the Juvenile Protection Act shall attach a sign indicating the term "business establishment banned from access by or employing juveniles under the age of 19" at the most conspicuous place among the entrances of the relevant business establishment;

Nevertheless, the defendant did not attach a sign that restricts the access and use and employment of juveniles while operating marina business in the same date and place as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to school environmental sanitation and cleanup zone guidance, internal photographs of business places, and report on internal affairs;

1. Article 19 and Article 6 (1) 19 of the School Health Act, Article 2 subparagraph 5 (a) 8 of the Juvenile Protection Act (the point of any prohibited act in school environmental sanitation and cleanup zone) concerning criminal facts, Article 59 and Article 29 (5) of the Juvenile Protection Act (the point of bearing any sign of restriction, such as access by juveniles, etc. of juveniles, and the selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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